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The often-overlooked copyright infringement exception

By Bryan Mechell and Zac Cohen

In this Westlaw Today article, Bryan Mechell and Zac Cohen highlight the importance of Section 117 of the Copyright Act in software licensing and litigation. Section 117 provides a legal defense for making essential or backup copies of software, which can significantly impact disputes over software copyright infringement. They emphasize that the language of software license agreements plays a crucial role in determining whether this defense is applicable, as demonstrated by recent court cases.

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